Legal Opinion

State v. Sivak

Idaho Supreme Court

Decided December 31, 1990No. 17797PublishedCited by 33 opinions

1Opinion of the Court

JOHNSON, Justice.

This is a death penalty case that has been the subject of two prior appeals to this Court. State v. Sivak, 105 Idaho 900, 674 P.2d 396 (1983) (Sivak I) and Sivak v. State, 112 Idaho 197, 731 P.2d 192 (1986) (Sivak II). In Sivak I, this Court upheld both of Sivak’s convictions for first degree murder and the death sentence imposed by the trial court. In Sivak II, this Court vacated the trial court’s death penalty sentence and remanded the case for resentencing. Following the remand in Sivak II, the trial court again sentenced Sivak to death.

Because we conclude that the trial…

2Cases cited20 opinions

  1. Woodson v. North CarolinaSupreme Court of the United States · 1976
  2. Jurek v. TexasSupreme Court of the United States · 1976
  3. Boyde v. CaliforniaSupreme Court of the United States · 1990
  4. Walton v. ArizonaSupreme Court of the United States · 1990
  5. Booth v. MarylandSupreme Court of the United States · 1987

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3Cited by33 opinions

  1. State v. PizzutoIdaho Supreme Court · 1991
  2. State v. PorterIdaho Supreme Court · 1997
  3. Sivak v. HardisonCourt of Appeals for the Ninth Circuit · 2011
  4. Donald Kenneth Fetterly v. David Paskett, Warden, Idaho State Prisons and Jim Jones, Attorney General of the State of IdahoCourt of Appeals for the Ninth Circuit · 1993
  5. State v. PrattIdaho Supreme Court · 1993

28 more not listed; retrieve them via the Exa API.

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